The Reynolds v Times Newspapers 'responsible journalism' defence cannot be introduced to inform the construction of s 30(1)(c) of the Defamation Act 2005 (NSW), whether directly or by imposing a gloss on the statutory language. The requirement of reasonableness under s 30(1)(c) is to be construed according to its natural meaning, involving an evaluative balancing exercise of the s 30(3) factors. Small country newspapers are not entitled to a lesser standard of reasonableness; if anything, the standard may be higher where the close-knit readership increases the likelihood of identification. Where a plaintiff is not named in a defamatory publication, the publisher bears the onus of proving that no persons beyond a confined class could identify the plaintiff, and the defence of common law qualified privilege must be assessed against the entire readership.
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